This chapter is adopted to regulate the distribution of certain materials,
peddling, soliciting and related activities within the City of Margate City.
The registration of persons engaged in the above-mentioned activities is required
so that the identity of persons going door-to-door or distributing materials
within the City may be established, so that general regulations may be more
effectively enforced, for the protection and maintenance of the health, safety
and welfare of the inhabitants of the City and to prevent dishonest business
practices and dishonest solicitation of funds in the City.
As used in this chapter, the following terms shall have the meanings
indicated:
DISTRIBUTOR
Any person who distributes or causes to be distributed on any street
or public place within the City any newspaper, periodical, book, magazine,
handbill, circular, card or pamphlet or printed material of any kind.
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed material, farm products, services and orders
or contracts for services, home improvements or alterations and anything that
may be sold or distributed by peddlers, solicitors or distributors as defined
herein.
PEDDLER or VENDOR
Any person, whether a resident of the City or not, who goes from
house to house, place to place or from street to street traveling by foot,
automotive vehicle or any other type of conveyance carrying or transporting
merchandise for the purpose of selling and delivering the merchandise to customers.
The word "peddler" shall also include vendor, hawker and huckster.
[Amended 6-3-1982 by Ord.
No. 1982-12]
PERSON
Any individual, firm, partnership, corporation, organization, club,
association or any principal or agent thereof.
SOLICITOR
Any person, whether a resident of the City or not, who goes from
house to house, from place to place or from street to street, traveling by
foot, automotive vehicle or any other type of conveyance, soliciting, taking
or attempting to take orders for the sale of merchandise or services of any
kind for future performance or delivery, whether or not such individual has,
carries or exposes for sale a sample of the merchandise or services and whether
or not he is collecting advance payments on such sales or orders, or who engages
in any of the foregoing activities from a stationary location on any street
or other public place. The word "solicitor" shall also include the word "canvasser,"
or any person who goes from door to door, as described above, for the purpose
of soliciting and/or who collects funds from a stationary location on any
street or other public place.
TRANSIENT MERCHANT
Any person engaging in the activities commonly referred to as "transient
merchant" or "itinerant vendor," who merchandises or sells with the intent
to close out or discontinue such business within a period of one year from
the date of commencement and occupies a room, building, tent, lot or other
premises for the purpose of selling merchandise.
VENDING UNIT
Any motor vehicle, pushcart, wagon or other wheeled vehicle or device
which may be moved with or without the assistance of a motor used for displaying,
storing or transporting of articles offered for sale by the peddler or vendor.
[Added 6-3-1982 by Ord. No.
1982-12]
It shall be unlawful for any peddler, solicitor, distributor or transient
merchant to sell, offer for sale or distribute merchandise, printed material
or services within the City without first registering with, filing an application
for registration, paying a registration fee and obtaining a registration certificate
from the City of Margate City.
Upon obtaining a registration certificate as hereinafter provided, a
peddler, solicitor, distributor or transient merchant may conduct his activities
within the City only as long as he adheres to the regulations set forth herein
and carries the registration certificate upon his person at all times during
the conduct of his activities. The registration certificate shall identify
the person and the type of activity for which he has registered and shall
be shown to any person or police officer upon request. All certificates shall
expire December 31 of the calendar year in which they are issued.
Every applicant for a certificate under this chapter shall file with
the Chief of Police a sworn, written application on a form to be furnished
by said Chief, which shall give or be accompanied by the following information
or documents:
A. The name and description of the applicant.
B. The permanent home address and full local address of
the applicant.
C. A brief statement of the nature of the business and a
description of the merchandise or service to be sold.
D. If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
E. The length of time for which the certificate is desired.
F. If a vehicle is to be used, a description of such vehicle
and its license number.
G. The place where the merchandise or services to be sold
or offered for sale are manufactured or produced, where such goods or property
are located at the time such application is filed and the proposed method
of delivery.
H. A photograph of the applicant taken within 60 days immediately
prior to the date of the application, which photograph shall clearly show
the head and shoulders of the applicant and shall measure two inches by two
inches.
I. Two business references located in the County of Atlantic,
State of New Jersey, or in lieu thereof, such other available evidence of
the character and business responsibility of the applicant as will enable
an investigator to properly evaluate such character and responsibility.
J. A statement as to whether the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
K. The fingerprints of the applicant.
Any person aggrieved by the action of the Chief of Police in the denial of a certificate, as provided in §
212-7 of this chapter, shall have the right of appeal to the Board of Commissioners. Such appeal shall be taken by filing with the Board of Commissioners, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Commissioners shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in §
212-11 of this chapter for notice of hearing on revocation. The decision of the Board of Commissioners on such appeal shall be final and conclusive.
No person or certificate holder shall:
A. Peddle, solicit or distribute merchandise except between
the hours of 8:00 a.m. and 6:00 p.m.; during the months of June, July and
August between the hours of 8:00 a.m. and 9:00 p.m., unless specifically having
been invited into the house by the occupant or having made an appointment
with the person previously.
[Amended 7-23-1992 by Ord.
No. 1992-16]
B. Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the City and displaying his certificate.
C. Have exclusive right to any location in the public streets
or operate in any congested area where his operations might impede or inconvenience
the public.
D. Leave at a property or house or in any public place circulars,
samples or other matter, except newspapers, which shall be defined as a periodical
with a paid circulation of at least 90% of its total circulation, except when
handed to a person or house occupant.
E. Enter or attempt to enter the land of any resident in
the City without an express invitation from the occupant of the house.
F. Conduct himself in such a manner as to become objectionable
to or annoy an occupant of any house.
G. Shout, cry out, blow a horn, ring a bell or use any sound-making
or amplifying device upon any of the streets, parks or public places of the
City or upon private premises where sound of sufficient volume is emitted
or produced therefrom capable of being plainly heard upon the streets, avenues,
parks or other public places of the City or upon private premises for the
purpose of attracting attention to any merchandise or services.
H. Distribute obscene merchandise or printed material or
that which advocates unlawful conduct.
I. Litter the streets, public places or properties within
the City with any merchandise or printed material.
J. The business of hawking, peddling or vending shall be
subject to the following regulations, whether certified or licensed by this
municipality or the State of New Jersey:
[Added 6-3-1982 by Ord. No.
1982-12]
(1) No vending unit shall remain in a fixed location.
(2) Vending will be permitted only in the commercial districts
as established and shown on the Zoning Map of the City of Margate City, New
Jersey, as amended.
(3) All vending units must be on wheels and movable.
(4) Any vending unit shall park only in areas where automobiles
are permitted to park and shall begin the sale within five minutes from the
time the vehicle is so parked and shall leave the location within five minutes
after the last sale.
(5) There shall be no vending within 200 feet of the grounds
of any school between the time period 1/2 hour prior to the start of the school
day and 1/2 hour after dismissal at the end of the school day.
(6) There shall be no sale of food or beverage for immediate
consumption unless the vendor has made a litter receptacle available for the
public use.
(7) No vendor shall allow any items relating to the operation
of the vending business to be placed anywhere other than in or under the vending
unit.
(8) No vendor shall set up a crate, carton or rack or other
device to increase the selling or display capacity of his unit or motor vehicle.
There shall be no stacking of items to be sold upon the sidewalk or street.
All materials and all merchandise shall be located solely on the vending unit.
(9) No persons shall sell anything other than such commodities
described in his registration.
(10) No vendor shall have the exclusive right to any location
in the public streets nor shall he be permitted to locate or stop in a congested
area where his operation might impede the public traffic.
(11) No vendor shall sell from a vending unit on a sidewalk
where the sidewalk is not more than 10 feet in width or vend within 10 feet
of any entrance of any building or vend within 20 feet of any driveway or
within 20 feet of any crosswalk or any intersection or within 20 feet of any
bus stop or within 20 feet of any loading or unloading zone or within a one-hundred-fifty-foot
radius of any premises where another merchant is dealing in like items.
(12) No vendor shall be permitted to operate in an area where
his operation impedes the public.
(13) No vendor vending from a motor vehicle shall conduct
his business in such a way as would restrict or interfere with the ingress
or egress of an abutting property owner or tenant or create a public nuisance,
increase traffic congestion or delay or constitute a hazard to traffic, life
or property or an obstruction to an adequate access for fire, police or sanitation
vehicles.
(14) No vendor vending from any vending unit shall stop, stand
or park his vending unit on any street for the purpose of selling in any street
under any circumstances during the hours where parking, stopping or standing
is prohibited by signs or curb markings or is prohibited by statute or ordinance.
(15) No vendor vending from a motor vehicle shall remain in
any area longer than necessary to make his sale after having stopped for that
purpose.
(16) No vendor shall stop, stand, park, place or allow his
vending unit to be used by any other vendor.
[Added 6-3-1982 by Ord. No.
1982-12]
Vendors of food and beverages shall comply with the inspection provisions
and standards of the New Jersey State Sanitary Code. In addition to any other
health and sanitary requirements, the following regulations must be followed:
A. All vending units dispensing hot food shall be equipped
with:
(1) Twin potable water tanks consisting of a minimum capacity
of eight gallons, heated electrically or otherwise to a temperature of 140º
F. or above and tilted toward a capped drain cock. The water inlet pipe shall
be of removable flexible copper or other tubing approved by the Plumbing Subcode
Official of the City of Margate City, with a nozzle for hose connection when
not being used.
(2) A hand-wash sink, seamless, with running hot and cold
water, soap and single service towels.
(3) A suitable waste tank with an adequate method of gauging
the contents and having a capacity at least equal to the capacity of the water
supply tank shall be provided and shall be tilted toward a drain cock. All
waste shall be emptied in a sanitary manner in order to maintain sanitary
conditions.
(4) A refuse container with cover attached to the cart for
deposit of papers and other solid wastes by customers and operators. Said
container must be readily cleanable and kept clean.
B. A refrigerated box capable of maintaining a temperature
of 45º F. or below and equipped with an indicating thermometer for various
ingredients carried with metal racks or platforms provided to store ingredients.
C. All food while being stored, prepared, displayed, served
or sold or transported shall be protected against contamination from dust,
flies, rodents and other vermin, unclean utensils and work surfaces and toxic
materials.
The following persons or organizations are exempt from the payment of
a fee and, in the discretion of the Chief of Police, the application and/or
investigation procedures, upon compliance with all other provisions of this
chapter and submission of applicable identification and documents to support
the claim to exemption:
A. Any charitable or religious society that shall conduct
sales of personal property when the proceeds thereof shall be applied to the
payment of the expenses thereof and to the charitable or religious object
for which the society exists.
B. Any person honorably discharged from the military services
of the United States possessing a peddler's license issued in conformity with
N.J.S.A. 45:24-9 and 24-10.
C. Any person who is an exempt fireman of a volunteer fire
department, as defined in N.J.S.A. 45:24-9 and 24-10, possessing a license
in conformity with said law.
D. Any public utility or its employees, which public utility
is subject to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall display the identification badges
or cards issued by their employer.
E. Any person selling fruits and farm products grown by
himself, with or without the help of others.
F. Any person engaged in the delivery of goods, wares or
merchandise or other articles or things, in the regular course of business,
to the premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
G. Any school, political or civic organization, benevolent
society, service club or organization not for profit which is located in or
has a substantial membership from the City.
H. Former military personnel.
[Added 7-13-2006 by Ord. No. 2006-22]
(1) Any person honorably discharged from the military service of
the United States possessing a peddler’s license issued in conformity
with N.J.S.A. 45:24-9 and 24-10 shall also be exempt from the general regulations
set forth in:
(a) Section
212-12G, which prohibits the use of a bell for the purpose of attracting attention to any merchandise or services;
(b) Section
212-12J(2), which limits vending to the commercial districts of the City;
(c) Section
212-12J(4), which requires that any vending unit shall only park where automobiles are permitted to park;
(d) Section
212-12J(11), which prohibits a vendor from vending within a radius of 150 feet where another merchant is dealing in like items; and
(e) Section
212-12J(14), which requires any vending unit to comply with established parking regulations and signs.
(2) It is the intention of this subsection to permit persons honorably
discharged from the military service possessing a peddler’s license
issued in conformity with N.J.S.A. 45:24-9 and 24-10 to vend ice cream and
other products authorized pursuant to a valid Margate City mercantile license
on the beach block street ends of the City of Margate.
[Amended 1-25-1988 by Ord.
No. 1988-1]
Any person violating the terms of this chapter, whether as principal,
agent or employee of another, shall, upon conviction in the Municipal Court,
be subject to a fine not exceeding $1,000 or to imprisonment in the county
jail not exceeding 90 days, or to both, in the discretion of the Judge.